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ELLIOTT v. PHILLIPS

No. 77-3544.

611 F.2d 658 (1979)

James ELLIOTT, Plaintiff-Appellant, v. Frederick PHILLIPS; Clarence Gels; Benjamin Franklin Baylor; Diamond Mendonides; Peggy Griffith; Lisbon Tillman; Charles Stanislav; and Herman Staiman, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 27, 1979.

Attorney(s) appearing for the Case

Bernard I. Rosen, Robert C. Meeker, Blakemore, Rosen & Norris Co., L. P. A., David A. Lieberth, Akron, Ohio, for plaintiff-appellant.

William D. Beyer, U. S. Atty., Joseph A. Cipollone, Patrick M. McLaughlin, Asst. U. S. Attys., Cleveland, Ohio, for defendants-appellees.

Before WEICK and BROWN, Circuit Judges and PECK, Senior Circuit Judge.

PER CURIAM.

James Elliott, a postal employee in the Akron, Ohio, Post Office, has appealed to this court from an order denying his motion for summary judgment and an order of the district court granting the motion of the defendants for summary judgment in his action for mandamus to compel reinstatement to his former position as Quality Control Officer and back pay. He had been discharged by the U. S. Postal Service of Akron after an indefinite suspension for immoral...

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